AMZED ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 23rd of March 1990 passed by the Learned Special Judge (EC Act) Birbhum, Suri in Special Court Case No. 2 of 1988 finding the present appellant guilty of an offence punishable u/s 7(1) (a) (ii) of the Essential Commodities Act 1955 for violation of Paragraph 4 of the West Bengal Cloth and Yarn Control Order 1960 and sentencing the appellant to suffer rigorous imprisonment for three months and to pay a fine of Rs.1.00 thousand in default to undergo rigorous imprisonment for one month and forfeiting the seized articles to the state after expiry of period of appeal and/ or revision.

(2.) The brief fact of the prosecution case is that on 5/2/1988 PW 1 visited the cloth store of the accused under the name and style "Ali Cloth Store" situated at Mallarpur Bajar, Mayureswar. During the inspection PW 1 serve a notice upon the accused and after inspection it reveals that the cashmemos were written up without mentioning the licence number. The signboard of the said shop was also recovered wherein the licence number was also not mentioned. Accordingly, the cash-memo, signboard and a mill made saree was seized in presence of the witnesses. The accused was arrested and taken to the Mayureswar P.S. along with the seized articles. The PW 1 lodged a written complaint and the investigation started. After completion of investigation the police submitted charge sheet against the accused u/s 7(1) (a) (ii) of the Act (X) of 1955. The appellant was sent up for trial before the Learned Special Judge. During the course of trial the prosecution has adducted 04 witnesses. Learned Special Judge after recording the evidences of witnesses and after hearing the parties recorded conviction of the present appellant after finding him guilty to the offence punishable u/s 7(1) (a) (ii) Act (X) of 1955 for violation of Paragraph 4 of the West Bengal Cloth and Yarn Control Order 1960.

(3.) Hence this appeal.